9
AN ACT concerning criminal trespass and
violation of a protective order;
10 amending K.S.A. 1997
Supp. 21-3721, 21-3843 and 60-3107 and re-
11 pealing the existing
sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
1997 Supp. 21-3721 is hereby amended to read as
15 follows: 21-3721. (a) Criminal trespass
is:
16 (1) Entering or
remaining upon or in any land, nonnavigable body of
17 water, structure, vehicle, aircraft or
watercraft other than railroad prop-
18 erty as defined in K.S.A. 1997 Supp.
21-3761 and amendments thereto
19 by a person who knows such person is not
authorized or privileged to do
20 so, and:
21 (A) Such person enters
or remains therein in defiance of an order
22 not to enter or to leave such premises or
property personally communi-
23 cated to such person by the owner thereof
or other authorized person;
24 or
25 (B) such premises or
property are posted in a manner reasonably
26 likely to come to the attention of
intruders, or are locked or fenced or
27 otherwise enclosed, or shut or secured
against passage or entry; or
28 (C) such person
enters or remains therein in defiance of a restraining
29 order issued pursuant to K.S.A.
60-1607, 60-3105, 60-3106 or 60-3107 or
30 K.S.A. 38-1542, 38-1543 or 38-1563,
and amendments thereto, and the
31 restraining order has been
personally served upon the person so re-
32 strained; or
33 (2) entering or
remaining upon or in any public or private land or
34 structure in a manner that interferes with
access to or from any health
35 care facility by a person who knows such
person is not authorized or
36 privileged to do so and such person enters
or remains thereon or therein
37 in defiance of an order not to enter or to
leave such land or structure
38 personally communicated to such person by
the owner of the health care
39 facility or other authorized person.
40 (b) As used in this
section:
41 (1) ``Health care
facility'' means any licensed medical care facility,
42 certificated health maintenance
organization, licensed mental health cen-
43 ter, or mental health clinic, licensed
psychiatric hospital or other facility

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1 or office where services of a health
care provider are provided directly to
2 patients.
3 (2) ``Health care
provider'' means any person: (A) Licensed to prac-
4 tice a branch of the healing arts;
(B) licensed to practice psychology; (C)
5 licensed to practice professional or
practical nursing; (D) licensed to prac-
6 tice dentistry; (E) licensed to
practice optometry; (F) licensed to practice
7 pharmacy; (G) registered to practice
podiatry; (H) licensed as a social
8 worker; or (I) registered to practice
physical therapy.
9
(c) (1) Criminal trespass is a class B
nonperson misdemeanor.
10 (2) Upon a
conviction of a violation of subsection (a)(1)(C), a
person
11 shall be sentenced to not less than
48 consecutive hours of imprisonment
12 which must be served either before
or as a condition of any grant of
13 probation or suspension, reduction
of sentence or parole.
14 Sec. 2. K.S.A. 1997
Supp. 21-3843 is hereby amended to read as
15 follows: 21-3843. (a) Violation of a
protective order is knowingly or in-
16 tentionally violating:
17 (1) A protection from
abuse order issued pursuant to K.S.A. 60-3105,
18 60-3106 and 60-3107, and amendments
thereto;
19 (2) a protective order
issued by a court of any state or Indian tribe
20 that is consistent with the provisions of
18 U.S.C. 2265, and amendments
21 thereto;
22 (3) a restraining order
issued pursuant to K.S.A. 38-1542, 38-1543,
23 38-1563 and 60-1607, and amendments
thereto;
24 (4) an order issued as a
condition of pretrial release, diversion, pro-
25 bation, suspended sentence or postrelease
supervision that orders the
26 person to refrain from having any direct or
indirect contact with another
27 person; or
28 (5) an order issued as a
condition of release after conviction or as a
29 condition of a supersedeas bond pending
disposition of an appeal, that
30 orders the person to refrain from having
any direct or indirect contact
31 with another person.
32 (b) As used in this
section, ``order'' includes any order issued by a
33 municipal or district court.
34
(c) (1) Violation of a protective order is a class
A person misde-
35 meanor.
36 (2) Upon a conviction
of a violation of this section, a person shall be
37 sentenced to not less than 48
consecutive hours of imprisonment which
38 must be served either before or as a
condition of any grant of probation
39 or suspension, reduction of sentence or
parole.
40 (d) This section shall
be part of and supplemental to the Kansas crim-
41 inal code.
42 Sec. 3. K.S.A. 1997
Supp. 60-3107 is hereby amended to read as
43 follows: 60-3107. (a) The court shall be
empowered to approve any con-

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1 sent agreement to bring about a
cessation of abuse of the plaintiff or
2 minor children or grant any of the
following orders:
3 (1) Restraining
the parties from abusing, molesting or interfering
4 with the privacy or rights of each
other or of any minor children of the
5 parties. Such order shall contain a
statement that if such order is violated,
6 such violation may constitute assault
as provided in K.S.A. 21-3408, and
7 amendments thereto, battery as
provided in K.S.A. 21-3412, and amend-
8 ments thereto, and violation of a
protective order as provided in K.S.A.
9 1997 Supp. 21-3843, and amendments
thereto.
10 (2) Granting possession
of the residence or household to a party to
11 the exclusion of the other party, and
further restraining the party not
12 granted possession from entering or
remaining upon or in such residence
13 or household, subject to the limitation of
subsection (c). Such order shall
14 contain a statement that if such order is
violated, such violation shall
15 constitute ;^iminal trespass as
provided in subsection (c) of K.S.A. 21-
16 3721, and amendments thereto,
and violation of a protective order as
17 provided in K.S.A. 1997 Supp. 21-3843, and
amendments thereto.
18 (3) Requiring a party to
provide suitable, alternate housing for such
19 party's spouse and any minor children of
the parties.
20 (4) Awarding temporary
custody and establishing temporary visitation
21 rights with regard to minor children.
22 (5) Ordering a law
enforcement officer to evict a party from the res-
23 idence or household.
24 (6) Ordering support
payments by a party for the support of a party's
25 minor child or a party's spouse. Such
support orders shall remain in effect
26 until modified or dismissed by the court or
until expiration and shall be
27 for a fixed period of time not to exceed
one year. On the motion of the
28 plaintiff, the court may extend the effect
of such order for 12 months.
29 (7) Awarding costs and
attorney fees to either party.
30 (8) Making provision for
the possession of personal property of the
31 parties and ordering a law enforcement
officer to assist in securing pos-
32 session of that property, if necessary.
33 (9) Requiring the person
against whom the order is issued to seek
34 counseling to aid in the cessation of
abuse.
35 (b) If, within the
period that an order of support issued pursuant to
36 subsection (a)(6) is in existence, a party
files a petition for divorce, sep-
37 arate maintenance or annulment and an
application for temporary sup-
38 port pursuant to K.S.A. 60-1601 et
seq., and amendments thereto, the
39 order of support shall continue in effect
until an order is issued on the
40 application for temporary support or until
such earlier time as ordered
41 by the court on motion of either party at
any time for good cause shown.
42 If a party has previously commenced an
action for divorce, separate main-
43 tenance or annulment prior to commencement
of an action under the

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1 protection from abuse act, the court
may enter, pursuant to the protection
2 from abuse act, an order inconsistent
with the order previously entered
3 in the divorce, separate maintenance
or annulment proceeding. If an in-
4 consistent order is entered pursuant
to the protection from abuse act, the
5 order previously entered in the other
proceeding shall be vacated upon
6 motion in the proceeding pursuant to
the protection from abuse act.
7 (c) If the parties
to an action under the protection from abuse act are
8 not married to each other and one
party owns the residence or household,
9 the court shall not have the
authority to grant possession of the residence
10 or household under subsection (a)(2) to the
exclusion of the party who
11 owns it.
12 (d) Subject to the
provisions of subsections (b) and (c), a protective
13 order or approved consent agreement shall
remain in effect until modified
14 or dismissed by the court and shall be for
a fixed period of time not to
15 exceed one year, except that, on motion of
the plaintiff, such period may
16 be extended for one additional year.
17 (e) The court may amend
its order or agreement at any time upon
18 motion filed by either party.
19 (f) No order or
agreement under the protection from abuse act shall
20 in any manner affect title to any real
property.
21 (g) If a person enters
or remains on premises or property violating
22 an order issued pursuant to subsection
(a)(2), such violation shall consti-
23 tute ;^iminal trespass as provided
in subsection (c) of K.S.A. 21-3721, and
24 amendments thereto, and
violation of a protective order as provided in
25 K.S.A. 1997 Supp. 21-3843, and amendments
thereto. If a person abuses,
26 molests or interferes with the privacy or
rights of another violating an
27 order issued pursuant to subsection (a)(1),
such violation may constitute
28 assault as provided in K.S.A. 21-3408, and
amendments thereto, battery
29 as provided in K.S.A. 21-3412, and
amendments thereto, and violation of
30 a protective order as provided in K.S.A.
1997 Supp. 21-3843, and amend-
31 ments thereto.
32 Sec. 4. K.S.A. 1997
Supp. 21-3721, 21-3843 and 60-3107 are hereby
33 repealed.
34 Sec. 5. This act
shall take effect and be in force from and after its
35 publication in the statute book.
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